December 2009 Archives

In another victory for a disabled individual today, the Seventh Circuit Court of Appeals vacated a lower court's decision. In this case, the claimant, "Kirsten", sued MetLife in federal court, challenging the denial of her disability benefits under the Employee Retirement Income security Act of 1974 (ERISA). The Appeals Court refused to "rubber-stamp" MetLife's denial of Kristen's long term disability benefits. The Court found it troubling that Dr. Marion's report-the sole basis for MetLife's determination-concluded, erroneously, that Kirsten did not submit objective evidence of functional limitations.

Applicants for Social Security are frequently asked if they can perform any job in the economy. The most common answer is "I don't know"; another common answer "Maybe". Unfortunately these answers, while honest, can be detrimental to a claim for benefits.

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